Agenda Item 7.A. – Urgency Ordinance No. 1091
Urgency Ordinance to regulate Accessory Dwelling Units (ADUs) of Junior Accessory Dwelling Units (JADUs)", in accordance with new State law standards.
New State-enacted housing laws revising Government Code Sections 65852.2 and 65852.22, will become effective on January 1, 2023, including AB 2221 and SB 897.
Existing ordinance failing to meet the requirements of the new State law shall be null and void unless or until the local agency adopts a new ordinance complying with these sections.
Most Notable Changes:
Height Limitations:
The height limitation for new ADUs in the City of Norco is currently 16 feet but must now allow up to 18 feet if located within a half-mile of a major transit stop or high quality transit corridor; 18 feet by right if on a lot with a single-family or multifamily dwelling, and up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch of the main house.
If on a lot with an existing or proposed multistory multifamily dwelling, the ADU may be up to 18 feet in height (again, by right), regardless of how close it is to transit.
An attached ADU may now be up to 25 feet high or as high as a primary dwelling may be under the underlying. But a city may still limit the ADU to two stories.
Most Notable Changes:
Definitions of “Objective Standards” must now be included.
A front setback must yield to the extent necessary to enable the construction of an 800 square foot ADU with four-foot side- and rear-yard setbacks.
Adjustments to Application Review Procedures; Additional Restrictions on Denials:
Full set of comments and remedies must be provided, and an ADU cannot be denied solely because of nonconforming zoning conditions, building code violations/unpermitted structures, that do not present a threat to public health and safety and are not affected by the construction of the ADU.
Changes to JADUs:
attached garages, are now considered part of the existing or proposed single-family residence for the purposes of constructing a JADU. An entry to the primary dwelling’s main living area from the JADU can now be required.
Recommendation:
Adoption of Urgency Ordinance is recommended, with a follow up regularly noticed Ordinance, to ensure the City is able to continue to enforce its local regulations without interruption and avoid conflicts between past and future applications for ADUs and JADUs.